Sidebar Sidebar
Become a MacRumors Supporter for $50/year with no ads, ability to filter front page stories, and private forums.

Swiss Federal Railways Says Apple Copied Its Iconic Railway Clock

blinkin182 said:
It's funny... I also immediately noticed the design resemblance, only thing it doesn't replicate is the short pause the seconds ticker marks before moving the minutes hand, but other than that this design is quite famous and a mark of pride for the Swiss Federal Rail Service (every single station has these on each track).
Click to expand...

I was wondering if someone would point the lack of the pause out!

Even without that -- first time I opened the app, I thought, "hey, they used the SBB clock design". There's just no mistaking it.
 
Formul said:
They can just drop the useless iPad app and be done with this complaint. Why the hell introduce it in the first place?
Click to expand...

A very good point. Anyone to whom having a clock/alarm on their iPad was important, like myself, already has a 3rd party app that has those features. It seemed like an odd choice to bring this late in the game.
 
Swissswiss said:
Stealing from the Swiss is a habit: we pay up to 50% more for Apple's products and services than the US consumer...
Click to expand...

This is called willingness to pay - the average Swiss customer is too passive and stupid to complain against the outrageously high prices of his country - that's how they preserve their artificial prosperity, which is of course financed by a healthy current account based on luxury products and financial services (as well as dictators' money, of course).

Not to mention customer service, which is surely among the worst in the world except for public services like the Post and SBB (i.e., the customer is NEVER right).

And yes, I do live in Switzerland.
 
I hope Schweizerische Bundesbahnen has a patent, first one to the patent office wins. Knowing Apple they already have a patent and will be suing. Just saying..
 
dwhittington said:
Not an exact copy. The proportions of the lines and hands of the clock are not identical.
Click to expand...

Funny.. that was the first thing I noticed..

No logo, different weights of lines, and the tapering isn't present on Apple's hands.

That said, either someone copied this with intent to do so, or they've seen said iconic clock in about 1,000,000 places and did so unknowingly. Looks almost identical to the clocks used in high schools, minus the numbers... so the swiss may or may not have a case here. who knows :rolleyes:
 
zone23 said:
I hope Schweizerische Bundesbahnen has a patent, first one to the patent office wins. Knowing Apple they already have a patent and will be suing. Just saying..
Click to expand...

It's already patented by the creator, Hans Hilfiker...

For those of you interested in more details - the registration is of course STILL valid.

Edit: Oops, wrong link...just hang on.

Found a tridimensional trademark registration for SBB here:

https://www.swissreg.ch/srclient/faces/jsp/trademark/sr30.jsp#anchor_register

Ironically, it states that protection ended on 3 September 2012 ;)
 
Last edited:
I sure hope SBB bothered to make sure that the publisher of the SwissRailwayClock app had rights to that clockface back in 2009, otherwise they probably won't have much of a case...

uhr_mps.jpg


http://itunes.apple.com/us/app/swissrailwayclock/id306098880?mt=8
 
Mike Valmike said:
Wow, look at all you armchair attorneys here getting it wrong. OMG LOL the CLOCKS look the SAME it's COPYING Apple owes Switzerland a BEELEEON DOLALRS OMG LOL case CLOSED! Whoa there, Nelly. We aren't nearly that far along yet.

The clock is clearly a copy. No question about it, and no the relative widths of the hour marks and such don't matter -- taken it its totality, there is no question that it is the same design. However, it may or may not be infringement, and even if it is infringement, it may be legal. There are a number of bases by which this could be the case:

1. Applicable copyrights/patents may have expired, or may not have applied in certain territories central to Apple's use.
2. Prior art may exist that invalidates applicable copyrights/patents, despite the latter having been successfully asserted in the interim-- see the two cases of RKO Pictures vs. Universal (Universal wins on claim that King Kong is public domain and not a protectible RKO copyright) and then Universal vs. Nintendo (Nintendo uses RKO outcome to win against claim that Donkey Kong infringes a Universal copyright for King Kong) for an example of this particular chain of events.
3. Apple may own some entity that owns the rights to applicable copyrights/patents for the clock face, or may in the past have licensed those rights themselves. The SRR spokesperson may not have confirmed with the Swiss Attorney General (or whomever would handle this) on whether this is the case.
4. The one the Samsung folks hate: The design elements might be inseparable from the functional elements, and thus not protectible. Granted, after the Apple v. Samsung outcome, it seems like Apple won on this basis on some pretty broad design IP, but the courts, believe it or not, do hear and decide regularly on distinctions much more granular. It doesn't have to be the ribbon bike rack for this factor to apply.
5. Because iOS 6 is offered free of charge and the smartphone market is not especially closely tied to the rail transportation market, Apple's use of the design IP might be infringing but still constitute fair use under 17 USC 107. There is a four-factor balancing test that a court would apply, based on the "Oh, Pretty Woman" case of Campbell v. Acuff-Rose.
6. Other IP law provisions, domestic and international, may apply.

Or, of course, this might.... [edited out by me]
Click to expand...

Yeah, I would bet that Apple has checked with their attorneys before publishing this out. It's obviously a replica, but the points I think you make which would hold are #1, #5 and it's possible that it falls more under creative commons license.

The Samsung case was different in that they were both selling similar products which would have an effect on revenue of the other. BUT, both are copying, and if it IS licensed, then Apple will likely pay to use it. Think of it as a "Donation" to the SBB. ;)
 
ardent73 said:
Theft is theft? Maybe the Swiss should finally give back all of the Jewish art, gold etc that the Nazi's stole. There's no denying that either, unless you're Swiss...
Click to expand...

Please get your history straight, it was not the Nazi's who hoarded the Jewish art, gold, etc., in Switzerland, it was the property of Jewish people, mostly holocaust victims who stored their valuables in Swiss banks. the banks after WWII set the requirements for the heirs to retrieve their families valuables so high (need for a death certificate, etc.), that it was almost impossible to retrieve them.

In 1998, the Swiss banks agreed to pay $1.25 billion in restitution to the Jewish World Congress.

Certainly, not one of our proudest moments in history ... and yes, I'm Swiss.
 
Flux.Capacitor said:
I think Apple should definitely pay for the license, provided they aren't asking some ridiculous amount. It definitely looks like the iPad clock used this as reference/inspiration. But then again, does the look of that clock fall under the Creative Commons license? I actually really liked the look of the clock on my iPad. But if the Swiss Railway are going to ask for an exorbitant amount of money, then I wouldn't pay them a dime. It's not like they are eating into their sales by using that design.
Click to expand...

Agreed....
Now if Apple was making watches and used that as a logo, then there would be a case.
 
clock

looks identical.

Is there anything in this world you can now do?
I think the entire patent system has gone crazy?
The more the system pays out... the more people/companies will patent.
next if I write a letter and quote something I will be sued.....

something is wrong???

cheers elo
 
chisnic said:
Please get your history straight, it was not the Nazi's who hoarded the Jewish art, gold, etc., in Switzerland, it was the property of Jewish people, mostly holocaust victims who stored their valuables in Swiss banks. the banks after WWII set the requirements for the heirs to retrieve their families valuables so high (need for a death certificate, etc.), that it was almost impossible to retrieve them.

In 1998, the Swiss banks agreed to pay $1.25 billion in restitution to the Jewish World Congress.

Certainly, not one of our proudest moments in history ... and yes, I'm Swiss.
Click to expand...

1.25 billion seems low. (even for 1998)
 
mlenger said:
I am not a lawyer but i know SBB is a government institution and as such I believe they can not own the design. Its like the US charging everybody for the reprinting of their flag.
Click to expand...

In the U.S. there is no copyright in government works. It appears there is not a comparable doctrine in Switzerland. Also, the US government does have trademarks that are protected (e.g., US Mail).

It's not clear where the SBB holds copyrights, howeer--if only in Switzerland, then Apple needs to change only the clock for Swiss users.
 
Good Lordy .....

Apple seems to be getting in allot of trouble, as of late.

From one lawsuit, to the other..


DDMaKeeg said:
The hour marks are thicker and the minute marks are much thinner on Apple's design. Actually the swiss version looks better
Click to expand...

Lol. I agree.
 
Here's the platform clock of the Dutch Railways:

Stationsklok_Middelburg.jpg


I think SBB should sue them as well. Or they should team up and jointly sue Apple. In fact, all the other European Railway Companies should join in and file together.
 
You must log in or register to reply here.
Register on MacRumors! This sidebar will go away, and you'll see fewer ads.
Top Bottom
Back